Judge: Cherol J. Nellon, Case: 23STCP03721, Date: 2024-03-27 Tentative Ruling

Case Number: 23STCP03721    Hearing Date: March 27, 2024    Dept: 14

Safar v State Farm

Case Background

This matter comes to this court via a special procedure set forth in the Insurance Code. When a person is in an automobile accident with an “Underinsured Motorist” (or “UIM”), and they have a dispute with their own insurer, the dispute goes to arbitration. Insurance Code § 11580.2(f). However, discovery motions are to be decided by a court, not the arbitrator. Id.  

            On October 9, 2023, Petitioner Michael Safar (“Petitioner”) filed a petition in this court seeking to open a case number under which either he or Respondent State Farm Mutual Automobile Insurance Company (“Respondent” or “State Farm”) could file discovery motions.

Instant Motion

            Petitioner now moves this court for an order preventing State Farm from disclosing his policy limits to the arbitrator.

Decision

            The motion is DENIED.

Discussion

            This is not a discovery motion. Petitioner is not asking this court to order the disclosure of evidence as between parties, nor is he asking the court to halt a request propounded on him by another party. This is a motion to exclude evidence from the hearing on the merits, which will be conducted by the arbitrator. This court has no jurisdiction to grant such a motion. The arbitrator has exclusive jurisdiction to determine what evidence will be admitted or excluded in proceedings conducted before them.